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S*327 Session 117 (2007-2008)
S*0327(Rat #0152, Act #0100 of 2007) General Bill, By Sheheen
AN ACT TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF
MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND  COUNTY COMMISSIONERS OF
ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO
REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF
PERSON HAS COMPLETED A TRAINING PROGRAM, PROVIDE FOR TRAINING OF THESE MEMBERS
AND EMPLOYEES WHO HAVE HAD A BREAK IN SERVICE OR EMPLOYMENT, AND TO REQUIRE
THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON
OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING
REQUIREMENT WITHIN EIGHTEEN MONTHS. - ratified title
01/24/07 Senate Introduced and read first time SJ-7
01/24/07 Senate Referred to Committee on Judiciary SJ-7
01/26/07 Senate Referred to Subcommittee: Martin (ch), Malloy,
Campsen, Williams
04/04/07 Senate Committee report: Favorable with amendment
Judiciary SJ-3
04/05/07 Senate Amended SJ-20
04/05/07 Senate Read second time SJ-20
04/10/07 Senate Read third time and sent to House SJ-10
04/11/07 House Introduced and read first time HJ-13
04/11/07 House Referred to Committee on Judiciary HJ-13
05/09/07 House Committee report: Favorable with amendment
Judiciary HJ-8
05/16/07 House Amended HJ-32
05/16/07 House Read second time HJ-35
05/17/07 House Read third time and returned to Senate with
amendments HJ-10
05/22/07 Senate House amendment amended SJ-32
05/22/07 Senate Returned to House with amendments SJ-32
05/23/07 Scrivener's error corrected
05/24/07 House Non-concurrence in Senate amendment HJ-49
05/29/07 Senate Senate insists upon amendment and conference
committee appointed Knotts, Sheheen, and Campsen SJ-15
05/30/07 House Conference committee appointed Reps. Clemmons,
Stewart, and Scott HJ-10
06/06/07 Senate Free conference powers granted SJ-87
06/06/07 Senate Free conference committee appointed Knotts,
Sheheen, and Campsen SJ-87
06/06/07 Senate Free conference report adopted SJ-87
06/07/07 House Free conference powers rejected HJ-55
06/07/07 House Free conference powers granted HJ-105
06/07/07 House Free conference committee appointed Reps. Scott,
Stewart, and Clemmons HJ-105
06/07/07 House Free conference report received and adopted HJ-106
06/07/07 House Ordered enrolled for ratification
06/12/07 Ratified R 152
06/18/07 Signed By Governor
06/20/07 Copies available
06/20/07 Effective date 06/18/07
06/27/07 Act No. 100
S. 327
(A100, R152, S327)
AN ACT TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM, PROVIDE FOR TRAINING OF THESE MEMBERS AND EMPLOYEES WHO HAVE HAD A BREAK IN SERVICE OR EMPLOYMENT, AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
Be it enacted by the General Assembly of the State of South Carolina:
Certification
SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-10. (A) Between the first day of January and the fifteenth day of March in each even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the 'Board of Registration of County'. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
(B)(1) Each member, and each staff person designated by the board, must complete, within eighteen months after a member's initial appointment or his reappointment following a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a member or staff person has successfully completed the training and certification program, the State Election Commission must issue the member or staff person a certification, whether or not the member or staff person applies for the certification.
(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4) Following completion of the training and certification program required in item (1), each board member, and each staff person designated by the board or commission, must take at least one training course each year."
Certification
SECTION 2. Section 7-5-35 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-35. (A) If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.
(B)(1) Each commissioner, and each staff person designated by the commission, must complete, within eighteen months after a commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4) Following completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
Certification
SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-13-70. (A) For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must notify the State Election Commission in writing of the appointments. The State Election Commission must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment, the commissioners must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
(B) The oath must be filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(C)(1) Each commissioner, and each staff person as designated by the commission, must complete, within eighteen months after the commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4) Following completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 12th day of June, 2007.
Approved the 18th day of June, 2007.
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